for the value of the replacement at the time of settlement, that settlement is valid and binding. Likewise, if spouses agree upon a dower equal to, less than, or greater than the customary dower, that is permissible, whether or not a valid dower had previously been specified.

Nor should it be said: “The recipient thought that he owed its value, whereas what he actually owes is an equivalent.” This objection should not be raised, for the matter is disputed.

Most scholars hold that once the property has been received and disposed of, returning the price is not required. This is based either on the validity of the contract, or on the position that property received under an invalid contract becomes the recipient’s property, according to Abū Hanīfah, or becomes his property if it perishes, according to Mālik. Since the matter is disputed, an agreement between the parties on this basis constitutes a settlement concerning a matter of scholarly disagreement, and such a settlement is binding.

He—may Allah have mercy on him—was asked:

Is it permissible to sell an undivided share?

He replied:

Selling an undivided share is permissible by the consensus of the Muslims, as established in the Sunnah of the Messenger of Allah, may Allah bless him and grant him peace. For example, he said, as recorded in Sahīh Muslim:

“Any man who has a share in land, a dwelling, or an orchard may not sell it until he informs his partner. If his partner wishes, he may take it; if he wishes, he may leave it. If he sells